keyboard_tab Digital Service Act 2022/2065 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Art. 52 penalties
- 2 Art. 69 Power to conduct inspections
- 1 Art. 77 Limitation period for the imposition of penalties
- 3 Art. 78 Limitation period for the enforcement of penalties
- 1 Art. 80 Publication of decisions
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
CHAPTER III
DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary services
SECTION 2
Additional provisions applicable to providers of hosting services, including online platforms
SECTION 3
Additional provisions applicable to providers of online platforms
SECTION 4
Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
SECTION 5
Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
SECTION 6
Other provisions concerning due diligence obligations
CHAPTER IV
IMPLEMENTATION, COOPERATION, penalties AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
SECTION 2
Competences, coordinated investigation and consistency mechanisms
SECTION 3
European Board for Digital Services
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
SECTION 5
Common provisions on enforcement
SECTION 6
Delegated and implementing acts
CHAPTER V
FINAL PROVISIONS
- information society service
- recipient of the service
- consumer
- to offer services in the Union
- substantial connection to the Union
- trader
- intermediary service
- mere conduit
- caching
- hosting
- illegal content
- online platform
- online search engine
- dissemination to the public
- distance contract
- online interface
- Digital Services Coordinator of establishment
- Digital Services Coordinator of destination
- active recipient of an online platform
- active recipient of an online search engine
- advertisement
- recommender system
- content moderation
- terms and conditions
- persons with disabilities
- commercial communication
- turnover
- Mere conduit
- Caching
- shall 47
- commission 33
- very 24
- large 24
- inspection 23
- crisis 20
- concerned 20
- which 18
- period 16
- provider 14
- decision 13
- the 13
- limitation 12
- digital 11
- person 11
- services 11
- penalties 10
- national 10
- online_platform 10
- online_search_engine 10
- coordinator 9
- member state 9
- measures 8
- persons 8
- information 7
- authorised 7
- accompanying 7
- officials 7
- protocols 7
- subject 7
- penalty 7
- periodic 7
- pursuant 7
- article 7
- time 6
- enforcement 6
- taken 6
- protocol 6
- paragraph 6
- payment 6
- such 6
- referred 6
- necessary 6
- territory 6
- conducted 6
- ensure 6
- and 6
- infringement 5
- court 5
- from 5
Article 48
Crisis protocols
1. The Board may recommend that the Commission initiate the drawing up, in accordance with paragraphs 2, 3 and 4, of voluntary crisis protocols for addressing crisis situations. Those situations shall be strictly limited to extraordinary circumstances affecting public security or public health.
2. The Commission shall encourage and facilitate the providers of very large online_platforms, of very large online_search_engines and, where appropriate, the providers of other online_platforms or of other online_search_engines, to participate in the drawing up, testing and application of those crisis protocols. The Commission shall aim to ensure that those crisis protocols include one or more of the following measures:
| (a) | prominently displaying information on the crisis situation provided by Member States’ authorities or at Union level, or, depending on the context of the crisis, by other relevant reliable bodies; |
| (b) | ensuring that the provider of intermediary_services designates a specific point of contact for crisis management; where relevant, this may be the electronic point of contact referred to in Article 11 or, in the case of providers of very large online_platforms or of very large online_search_engines, the compliance officer referred to in Article 41; |
| (c) | where applicable, adapt the resources dedicated to compliance with the obligations set out in Articles 16, 20, 22, 23 and 35 to the needs arising from the crisis situation. |
3. The Commission shall, as appropriate, involve Member States’ authorities, and may also involve Union bodies, offices and agencies in drawing up, testing and supervising the application of the crisis protocols. The Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations in drawing up the crisis protocols.
4. The Commission shall aim to ensure that the crisis protocols set out clearly all of the following:
| (a) | the specific parameters to determine what constitutes the specific extraordinary circumstance the crisis protocol seeks to address and the objectives it pursues; |
| (b) | the role of each participant and the measures they are to put in place in preparation and once the crisis protocol has been activated; |
| (c) | a clear procedure for determining when the crisis protocol is to be activated; |
| (d) | a clear procedure for determining the period during which the measures to be taken once the crisis protocol has been activated are to be taken, which is strictly limited to what is necessary for addressing the specific extraordinary circumstances concerned; |
| (e) | safeguards to address any negative effects on the exercise of the fundamental rights enshrined in the Charter, in particular the freedom of expression and information and the right to non-discrimination; |
| (f) | a process to publicly report on any measures taken, their duration and their outcomes, upon the termination of the crisis situation. |
5. If the Commission considers that a crisis protocol fails to effectively address the crisis situation, or to safeguard the exercise of fundamental rights as referred to in paragraph 4, point (e), it shall request the participants to revise the crisis protocol, including by taking additional measures.
CHAPTER IV
IMPLEMENTATION, COOPERATION, penalties AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
Article 52
penalties
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation by providers of intermediary_services within their competence and shall take all the necessary measures to ensure that they are implemented in accordance with Article 51.
2. penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
3. Member States shall ensure that the maximum amount of fines that may be imposed for a failure to comply with an obligation laid down in this Regulation shall be 6 % of the annual worldwide turnover of the provider of intermediary_services concerned in the preceding financial year. Member States shall ensure that the maximum amount of the fine that may be imposed for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information and failure to submit to an inspection shall be 1 % of the annual income or worldwide turnover of the provider of intermediary_services or person concerned in the preceding financial year.
4. Member States shall ensure that the maximum amount of a periodic penalty payment shall be 5 % of the average daily worldwide turnover or income of the provider of intermediary_services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
Article 69
Power to conduct inspections
1. In order to carry out the tasks assigned to it under this Section, the Commission may conduct all necessary inspections at the premises of the provider of the very large online_platform or of the very large online_search_engine concerned or of another person referred to in Article 67(1).
2. The officials and other accompanying persons authorised by the Commission to conduct an inspection shall be empowered to:
| (a) | enter any premises, land and means of transport of the provider of the very large online_platform or of the very large online_search_engine concerned or of the other person concerned; |
| (b) | examine the books and other records related to the provision of the service concerned, irrespective of the medium on which they are stored; |
| (c) | take or obtain in any form copies of or extracts from such books or other records; |
| (d) | require the provider of the very large online_platform or of the very large online_search_engine or the other person concerned to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business practices and to record or document the explanations given; |
| (e) | seal any premises used for purposes related to the trade, business, craft or profession of the provider of the very large online_platform or of the very large online_search_engine or of the other person concerned, as well as books or other records, for the period and to the extent necessary for the inspection; |
| (f) | ask any representative or member of staff of the provider of the very large online_platform or of the very large online_search_engine or the other person concerned for explanations on facts or documents relating to the subject-matter and purpose of the inspection and to record the answers; |
| (g) | address questions to any such representative or member of staff relating to the subject-matter and purpose of the inspection and to record the answers. |
3. Inspections may be carried out with the assistance of auditors or experts appointed by the Commission pursuant to Article 72(2), and of Digital Services Coordinator or other competent national authorities of the Member State in the territory of which the inspection is conducted.
4. Where the production of required books or other records related to the provision of the service concerned is incomplete or where the answers to questions asked under paragraph 2 of this Article are incorrect, incomplete or misleading, the officials and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection and the penalties provided for in Articles 74 and 76. In good time before the inspection, the Commission shall inform the Digital Services Coordinator of the Member State in the territory in which the inspection is to be conducted thereof.
5. During inspections, the officials and other accompanying persons authorised by the Commission, the auditors and experts appointed by the Commission, the Digital Services Coordinator or the other competent authorities of the Member State in the territory of which the inspection is conducted may require the provider of the very large online_platform or of the very large online_search_engine or other person concerned to provide explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts, and may address questions to its key personnel.
6. The provider of the very large online_platform or of the very large online_search_engine or other natural or legal person concerned shall be required to submit to an inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the inspection, set the date on which it is to begin and indicate the penalties provided for in Articles 74 and 76 and the right to have the decision reviewed by the Court of Justice of the European Union. The Commission shall consult the Digital Services Coordinator of the Member State on territory of which the inspection is to be conducted prior to taking that decision.
7. Officials of, and other persons authorised or appointed by, the Digital Services Coordinator of the Member State on the territory of which the inspection is to be conducted shall, at the request of that Digital Services Coordinator or of the Commission, actively assist the officials and other accompanying persons authorised by the Commission in relation to the inspection. To this end, they shall have the powers listed in paragraph 2.
8. Where the officials and other accompanying persons authorised by the Commission find that the provider of the very large online_platform or of the very large online_search_engine or the other person concerned opposes an inspection ordered pursuant to this Article, the Member State in the territory of which the inspection is to be conducted shall, at the request of those officials or other accompanying persons and in accordance with the national law of the Member State, afford them necessary assistance, including, where appropriate under that national law, in the form of coercive measures taken by a competent law enforcement authority, so as to enable them to conduct the inspection.
9. If the assistance provided for in paragraph 8 requires authorisation from a national judicial authority in accordance with the national law of the Member State concerned, such authorisation shall be applied for by the Digital Services Coordinator of that Member State at the request of the officials and other accompanying persons authorised by the Commission. Such authorisation may also be applied for as a precautionary measure.
10. Where the authorisation referred to in paragraph 9 is applied for, the national judicial authority before which a case has been brought shall verify that the Commission decision ordering the inspection is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. When conducting such verification, the national judicial authority may ask the Commission, directly or through the Digital Services Coordinators of the Member State concerned, for detailed explanations, in particular those concerning the grounds on which the Commission suspects an infringement of this Regulation, concerning the seriousness of the suspected infringement and concerning the nature of the involvement of the provider of the very large online_platform or of the very large online_search_engine or of the other person concerned. However, the national judicial authority shall not call into question the necessity for the inspection nor demand information from the case file of the Commission. The lawfulness of the Commission decision shall be subject to review only by the Court of Justice of the European Union.
Article 77
Limitation period for the imposition of penalties
1. The powers conferred on the Commission by Articles 74 and 76 shall be subject to a limitation period of five years.
2. Time shall begin to run on the day on which the infringement is committed. However, in the case of continuing or repeated infringements, time shall begin to run on the day on which the infringement ceases.
3. Any action taken by the Commission or by the Digital Services Coordinator for the purpose of the investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments. Actions which interrupt the limitation period shall include, in particular, the following:
| (a) | requests for information by the Commission or by a Digital Services Coordinator; |
| (b) | inspection; |
| (c) | the opening of a proceeding by the Commission pursuant to Article 66(1). |
4. Each interruption shall start time running afresh. However, the limitation period for the imposition of fines or periodic penalty payments shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which the limitation period has been suspended pursuant to paragraph 5.
5. The limitation period for the imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.
Article 78
Limitation period for the enforcement of penalties
1. The power of the Commission to enforce decisions taken pursuant to Articles 74 and 76 shall be subject to a limitation period of five years.
2. Time shall begin to run on the day on which the decision becomes final.
3. The limitation period for the enforcement of penalties shall be interrupted:
| (a) | by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation; |
| (b) | by any action of the Commission, or of a Member State acting at the request of the Commission, designed to enforce payment of the fine or periodic penalty payment. |
4. Each interruption shall start time running afresh.
5. The limitation period for the enforcement of penalties shall be suspended for so long as:
| (a) | time to pay is allowed; |
| (b) | enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union or to a decision of a national court. |
Article 80
Publication of decisions
1. The Commission shall publish the decisions it adopts pursuant to Article 70(1), Article 71(1) and Articles 73 to 76. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed.
2. The publication shall have regard to the rights and legitimate interests of the provider of the very large online_platform or of the very large online_search_engine concerned, any other person referred to in Article 67(1) and any third parties in the protection of their confidential information.
whereas